The Supreme Courts ruling may represent a "repreive" teams like the Washington Redskins and Cleveland Indians, but it remains to be seen whether the debate will have a similar outcome in the court of public opinion, says Helen Drew.

“In the final analysis, the financial success – or failure – of offensive marks remains in the hands of the consumer.”

Helen Drew, adjunct professor of law

University at Buffalo

BUFFALO. N.Y. – The Supreme Court’s ruling that a
federal trademark law banning offensive names is unconstitutional
gives a “reprieve” to the Washington Redskins,
Cleveland Indians and other organizations facing legal actions
challenging the registration of their “historic, albeit
politically insensitive, trademarks.”

The Supreme Court decision striking down a 71-year-old trademark
law barring disparaging terms because it infringes on free speech
rights violated the rights of an Oregon-based, Asian-American rock
band called the Slants.

“The Supreme Court found that marks registered by the
Patent and Trademark Office do not become government speech,”
says Helen A. Drew, a sports law expert and adjunct professor at
the University at Buffalo School of Law.

“The Supreme Court held that the First Amendment prohibits
the Patent & Trademark Office from denying registration under
the First Amendment.”

This ruling puts “a period to a lengthy legal battle over
the continuing use of marks such as the Washington Redskins, which
are considered offensive by many and have been the subject of
considerable debate,” according to Drew.

Drew says it remains to be seen whether the debate will have a
similar outcome “in the court of public opinion.”

“The ‘good will’ represented by trademarks
ultimately depends upon public support as expressed by the purchase
of trademarked products by the general public,” says Drew.
“In the final analysis, the financial success – or
failure – of offensive marks remains in the hands of the
consumer.”

Drew, who is frequently quoted in regional and national media on
sports law issues, including concussions, drug testing and
discipline of professional athletes, is available for interviews on
request.